Domestic Violence

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Jun 3, 2023, New Washington State Law Aims to Help Domestic Violence Victims Clear Their Criminal Records

Washington State has recently passed new laws aimed at helping victims of domestic violence. While this is a step toward protecting these vulnerable individuals, an issue still needs to be addressed: the criminal justice system can often work against them.

In Washington State, there are mandatory arrest laws where police officers are required to arrest and book someone if they determine that there has been domestic violence. However, this can lead to bad decisions, such as putting the wrong person behind bars based on superficial evidence. This can cause irreversible damage to both the victim and the wrongfully convicted perpetrator.

To combat this issue, the new law in Washington State allows victims of domestic violence who have been wrongfully convicted due to their abuser’s actions to vacate their conviction. This means those wrongly convicted can have their record cleared, giving them a fresh start.

If you are a victim of domestic violence and have been impacted by a criminal record that you should not have, please feel free to contact me to take the necessary steps to clear your record.

It is important to remember that victims of domestic violence deserve justice and protection from the criminal justice system. The new law in Washington State is a welcome development, but more needs to be done to ensure that all victims of domestic violence receive fair treatment and justice.

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Jan 15, 2022, Convicted of Domestic Violence in Washington State but Actually the Victim?

Mandatory arrest laws in Washington State have created many situations where police office arrive at the scene maybe they are faced with a victim that is emotional, maybe they see defensive wounds such as scratches on the perpetrator and the police make the wrong call and they arrest the victim. Then the victim has to answer to the domestic violence allegations. The law has recognized the situation and just as of July of 2020 has changed the vacate statue to give victims of domestic violence a lot more leeway and flexibility in terms of vacating the convictions that were essentially weaponized against them as another tool by their abuser.

So, how this works is that the court has relaxed the process for vacating, that means taking away the conviction, on cases where the defendant is a victim of domestic violence. It’s something that you work on with your attorney, generally including declarations describing the situation anything supportive along those lines and then it gets sent to the prosecutor for review and goes from there. This is a really positive trend in essentially trying to recognize that the domestic violence rules could have gone a little too far sometimes with the mandatory arrests and the consequences of that.

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